EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
Losing someone because of another person’s negligence is one of the hardest things a family can go through. The grief is real, and the legal process that follows is genuinely complex. Knowing what to ask a wrongful death attorney before you hire one can mean the difference between a case that gets the attention it deserves and one that stalls, settles for less than fair, or falls apart before trial.
This 2026 guide is written specifically for families in Irving, Texas who are considering a wrongful death lawsuit. Whether your loved one died in a truck accident on I-635, a workplace incident, a medical error, or any other preventable circumstance, the questions below will help you walk into your first attorney consultation prepared.
Dashner Law Firm | Irving Injury & Accident Attorney represents families throughout the DFW area in wrongful death cases. This post reflects the kind of honest, direct information I give clients during consultations every week.
The Questions That Actually Matter in a First Consultation
Most families come into a first meeting and ask some version of “do I have a case?” That is a reasonable starting point, but it should not be the only question you ask. A skilled attorney can answer that question in the first ten minutes. What you really need to understand is how the attorney plans to handle your case, what their track record looks like, and whether they are set up to take your case to trial if necessary.
Here are the specific questions worth asking.
Ask How Many Wrongful Death Cases They Have Handled — and What the Outcomes Were
There is a real difference between a general personal injury attorney who has handled a few wrongful death matters and a Texas wrongful death lawsuit lawyer who builds a significant portion of their practice around these cases. Wrongful death claims under Texas Civil Practice and Remedies Code Chapter 71 require knowledge of who can bring a claim, what damages are recoverable, and how to prove liability — all of which require specific experience. Ask directly: how many wrongful death cases have you handled in the last three years, and what were the results? Look for concrete answers, not vague reassurances.
Ask Whether They Have Taken Wrongful Death Cases to Trial
Settlement is how most civil cases resolve. But the families who get the best settlements are usually represented by attorneys that insurance companies and defense firms know will go to trial if the offer is inadequate. Ask point blank: have you taken a wrongful death case to a jury verdict? How recently? If an attorney has never tried one of these cases, the defense knows it — and that affects what they offer. Texas wrongful death compensation attorneys with genuine trial experience operate from a different position than those who settle everything before the courthouse steps.
Ask Who Will Actually Handle Your Case
Some firms sign cases at the partner level and then hand them to junior associates or paralegals. That is not inherently wrong, but you deserve to know it upfront. Ask who you will speak with when you call, who drafts the key documents, and who would try the case if it goes to trial. You should also ask how often you can expect updates and through what channel — email, calls, a client portal.
Ask How They Calculate Damages in a Texas Wrongful Death Case
Under Texas law, wrongful death damages can include loss of financial support, loss of companionship and consortium, mental anguish, and funeral and burial expenses. FindLaw’s overview of wrongful death claims provides a useful general reference, but Texas has specific rules about who can recover and what caps apply in certain cases — particularly in medical malpractice claims. Ask the attorney to explain specifically what categories of damages apply in your situation and how they would document and prove those losses. An attorney who cannot walk you through this clearly in a first consultation is not prepared enough to handle your case.
Ask What the Timeline Looks Like for Your Type of Case
Texas has a two-year statute of limitations for most wrongful death claims under Texas Civil Practice and Remedies Code § 16.003. But timelines within that window vary significantly. A truck accident case involving commercial carriers and federal trucking regulations may move differently than a workplace death claim where OSHA investigations are ongoing. Ask the attorney to give you a realistic estimate of how long your specific case type typically takes from filing to resolution.
Ask How Fees Work and What Costs Come Out of the Settlement
Most Texas fatal accident lawyers work on contingency — meaning they take a percentage of the recovery rather than billing hourly. Standard contingency fees in Texas typically run between 33% and 40%, depending on whether the case settles or goes to trial. But attorneys also advance costs for expert witnesses, court filing fees, depositions, and investigation. Ask how those costs are handled and whether they come off the top before or after the contingency percentage is calculated. Get this in writing before you sign anything.
How to Find a Wrongful Death Attorney in Texas Who Is the Right Fit?
The American Bar Association and state bar associations maintain lawyer directories, and the State Bar of Texas has a referral program. But directories only tell you that someone is licensed. They do not tell you whether that attorney has handled cases like yours, whether their clients are satisfied, or whether they have the resources to take on a well-funded defendant.
Start by looking at an attorney’s case results and client feedback. At Dashner Law Firm | Irving Injury & Accident Attorney, you can read through verdicts and settlements to get a concrete sense of what past clients have experienced. Look for patterns — do they handle cases similar to yours, and are there documented outcomes?
Also check whether the attorney is board certified in personal injury trial law by the Texas Board of Legal Specialization. Board certification requires peer review, a minimum number of verified cases, and ongoing continuing education. It is a concrete credential, not just a marketing claim.
How to Find a Wrongful Death Attorney With Trial Experience in Texas?
This is one of the most important filters you can use. Texas wrongful death cases are expensive to litigate. Defense attorneys for hospitals, trucking companies, and employers are experienced and well-funded. They know which plaintiff’s attorneys will push cases to trial and which ones will fold when the defense makes a low offer.
Ask any attorney you consider how many civil jury trials they have handled in the last five years. Ask specifically about wrongful death or serious personal injury trials. Ask about wins and losses — an attorney who cannot acknowledge a loss is probably not giving you a full picture. Justia’s legal resources can also help you search court records in Texas to verify whether an attorney has actual trial filings.
Learn more about our team at Dashner Law and the depth of experience behind the cases we take on.
How to Find a Wrongful Death Attorney for Medical Malpractice in Texas?
Medical malpractice wrongful death cases are among the most technically demanding claims in Texas law. Texas Civil Practice and Remedies Code Chapter 74 imposes strict requirements — including a 180-day pre-suit notice period, mandatory expert reports within 120 days of filing, and damages caps on non-economic losses in medical liability cases.
The cap on non-economic damages against a single healthcare provider is $250,000, with a total cap of $500,000 against all defendants in most cases. These caps were established under Texas tort reform legislation and have not been adjusted for inflation, which means families pursuing medical malpractice wrongful death claims in 2026 are working within the same nominal figures set years ago. According to CDC data on preventable hospital deaths, medical errors remain a significant cause of mortality — making this an area where experienced legal representation is critical.
When evaluating attorneys for a medical malpractice wrongful death case, ask specifically whether they have working relationships with qualified medical expert witnesses. Ask how many medical malpractice wrongful death cases they have taken past the expert report stage. An attorney who handles these cases occasionally is at a structural disadvantage against the defense teams that hospitals and medical systems retain full-time. For cases involving prescription drug errors specifically, the evidentiary requirements are even more specialized.
How to Find a Wrongful Death Attorney for Workplace Accidents in Texas?
Texas is the only state that does not require most private employers to carry workers’ compensation insurance. That means workplace death claims here can be more complex than in other states — and more consequential for the family. If the employer did not carry workers’ comp, the family may have a direct negligence claim without the usual restrictions that workers’ comp imposes on damages.
If the employer did carry workers’ comp, a death benefit claim goes through the Texas Department of Insurance Division of Workers’ Compensation. But a wrongful death lawsuit may still be possible against third parties — a general contractor, an equipment manufacturer, or a property owner — depending on the circumstances.
The Bureau of Labor Statistics tracks fatal work injuries annually, and Texas consistently ranks among the states with the highest number of workplace fatalities, particularly in construction, oil and gas, and transportation. Texas Construction Accident Attorneys handle cases with these specific layers of liability.
Ask any attorney you consider whether they understand the interplay between Texas workers’ compensation law and third-party wrongful death claims. Ask whether they have handled cases where the employer was a non-subscriber. These are the details that separate a genuinely experienced Texas wrongful death lawyer from one who handles these cases by accident.
How to Find a Wrongful Death Attorney for a Truck Accident in Texas?
Truck accident wrongful death cases involve a different set of rules, records, and defendants than a standard car crash. Commercial motor vehicles operating in Texas fall under both state regulations and federal rules set by the Federal Motor Carrier Safety Administration. When a truck accident kills someone, the liable parties can include the driver, the trucking company, a cargo loader, a maintenance contractor, or a truck manufacturer — and each party has its own insurer and defense team.
Evidence in truck accident cases is time-sensitive. Electronic logging devices, black box data, and dashcam footage can be overwritten or destroyed quickly. A Texas fatal accident attorney who handles truck cases knows to send a spoliation letter immediately — a legal notice demanding that the carrier preserve all data and records related to the crash. If your attorney does not mention this in the first conversation, ask them directly what steps they take in the first 48 hours after being hired.
The I-635 corridor through Irving and the surrounding DFW highway network carries heavy commercial traffic daily. Families who lose someone to a truck crash here are often dealing with large carriers and their insurers, who have handled claims like this before and will move quickly to limit liability. Texas Truck Accident Attorneys with specific experience in commercial vehicle cases are essential in these situations.
Ask the attorney whether they have handled cases involving federal trucking regulations, what experts they use to reconstruct truck crashes, and whether they have recovered damages from a trucking company’s own negligent hiring or maintenance practices — not just the driver’s actions.
Questions Specific to Your Situation That You Should Not Skip
Beyond the general questions above, there are a few others that depend on your specific case.
If the death involved a defective product — equipment, a vehicle, a drug — ask whether the attorney has handled product liability wrongful death cases and has access to the engineering or scientific experts those cases require.
If the death happened at a business or property because of unsafe conditions, ask about their experience with premises liability claims and whether they understand how Texas property owner duty-of-care rules apply to your situation.
If the death involved a brain injury that preceded death — meaning your loved one survived briefly before dying — ask whether the attorney can also pursue survival claims alongside the wrongful death claim. These are legally distinct under Texas law, and a knowledgeable attorney will address both. Texas Brain Injury Attorneys understand how to document and value these cases.
One More Thing: What You Should Bring to the Consultation
Bring everything you have. That includes any police reports, medical records you have already obtained, photos from the scene, contact information for witnesses, any correspondence from an insurance company, and any documents related to your loved one’s employment or income. The more an attorney can review at the first meeting, the more specific their initial assessment will be.
Do not sign anything at the first consultation without reading the retainer agreement carefully. Ask about the fee structure, how expenses are handled, and what happens if you decide to change attorneys.
Talk to a Wrongful Death Attorney in Irving Before the Statute of Limitations Runs
The two-year clock starts running from the date of death in most Texas wrongful death cases. Waiting does not help your case — evidence disappears, witnesses become harder to locate, and the defense uses the time to build its position.
If your family is dealing with a wrongful death in Irving or anywhere in the DFW area, Geoffrey Dashner handles these cases personally and has done so throughout his legal career. You can read more about the firm’s background and approach on the Texas wrongful death attorneys page or explore our full practice areas.
Dashner Law Firm | Irving Injury & Accident Attorney serves clients throughout Texas and takes wrongful death cases on a contingency basis — no fees unless you recover.
Contact us to schedule a free consultation, or call directly at (972) 635-4460. You can also visit our office at 4500 Fuller Dr, Irving, TX 75038.
